The Vermont Statutes Online

Title 33: Human Services

Chapter 039: Enforcement of Support

• § 3901. Definitions

  As used in this chapter:

  (1) “Order of support” means any judgment or order for the support of dependent children issued by any court of the State of Vermont or another state or an order under an administrative proceeding of another state, including an order in a final decree of divorce.

  (2) “Custodial parent” means any person with whom a dependent child actually resides, whether or not the parent is receiving public assistance benefits under chapter 11 of this title, or the Commissioner for Children and Families if the dependent child is under the care and control of that Department.

  (3) “Department” means the Vermont Department for Children and Families.

  (4) “Dependent child” means any child receiving assistance under chapter 11 of this title or any minor child for whose benefit the Office of Child Support has been authorized and requested to collect support.

  (5) “Court” means the Family Division of the Superior Court.

  (6) “Public assistance” means money payments furnished to or on behalf of dependent children by the Department.

  (7) “Responsible parent” means the natural or adoptive parent or stepparent, to the extent the stepparent owes a duty of support under 15 V.S.A. § 296, of a dependent child. (Added 1977, No. 212 (Adj. Sess.), § 2; amended 1985, No. 63, § 16; 1989, No. 221 (Adj. Sess.), § 16, eff. Oct. 1, 1990; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 114; 2009, No. 154 (Adj. Sess.), § 238.)

• § 3902. Assignment of support rights by public assistance recipients; proceedings to establish support obligation

  (a) As a condition of eligibility for public assistance, each applicant or recipient shall assign to the Department any right to support from a responsible parent that has accrued at the time of the assignment and that the applicant may have in the applicant’s own behalf or on behalf of any other family member for whom the applicant is applying or receiving assistance.

  (b) An assignment in effect under this section shall be subject to the provisions of section 4106 of this title.

  (c) Whenever a support obligation is in effect against a responsible parent for the benefit of a dependent child or a custodial parent, payments required under the support obligation shall be sent to the Office of Child Support upon notice to the responsible parent, without further order of the court. When an assignment is in effect pursuant to subsection (a) of this section, any amounts accrued under the support obligation as of the date of assignment, and any amount accruing while the assignment is in effect, shall be owing to and payable to the Department for Children and Families without further order of the court.

  (d) An order of the court shall be effective on behalf of the assignee while any assignment is in effect, and on behalf of the dependent child and the custodial parent at all other times. The Office of Child Support shall, unless otherwise requested by the parent, act as agent for the parent and child to collect any amounts due from the responsible parent pursuant to the order after the assignment terminates and may, if required by the Social Security Act, deduct any costs incurred in collection.

  (e) If a support order has been entered and the legal custodian and obligee relinquishes physical responsibility of the child to a caretaker without modifying the physical rights and responsibilities order, the Office of Child Support may change the payee of support upon the caretaker’s receipt of Reach Up family assistance from the Department for Children and Families. The obligor’s obligation under the support order to pay child support and medical support continues but shall be payable to the Office of Child Support upon the caretaker’s receipt of Reach Up family assistance and shall continue so long as the assignment is in effect. The Office of Child Support shall notify the obligor and obligee under the support order, by first-class mail at last known address, of the change of payee. (Added 1977, No. 212 (Adj. Sess.), § 2; amended 1985, No. 63 § 17; 1989, No. 221 (Adj. Sess.), § 17, eff. Oct. 1, 1990; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 159 (Adj. Sess.), § 10; 2005, No. 174 (Adj. Sess.), § 115; 2007, No. 185 (Adj. Sess.), § 8, eff. Jan. 1, 2009; 2021, No. 20, § 327.)

• § 3902a. Repealed. 1989, No. 221 (Adj. Sess.), § 21(a)(2), eff. Oct. 1, 1990.

• § 3903. Child support debt

  (a) Except as otherwise provided in this section, any payment of Reach Up financial assistance made to or for the benefit of a dependent child creates a debt due and owing to the Department for Children and Families by any responsible parent in an amount equal to the amount of Reach Up financial assistance paid.

  (b) Collection of child support debts shall be made as provided by this section and section 3902 of this title and by 15 V.S.A. chapter 11, subchapter 7. Regardless of the amount of Reach Up financial assistance paid, the court may limit the child support debt, taking into consideration the criteria of 15 V.S.A. § 659. The Department for Children and Families and the responsible parent may limit the child support debt by stipulation, which shall be enforceable on its terms unless it is modified. (Added 1979, No. 114 (Adj. Sess.); amended 1985, No. 63, § 19; 1989, No. 221 (Adj. Sess.), § 18, eff. Oct. 1, 1990; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 116; 2007, No. 185 (Adj. Sess.), § 9, eff. Jan. 1, 2009.)

• § 3903a. Repealed. 1989, No. 221 (Adj. Sess.), § 21(a)(3), eff. Oct. 1, 1990.

• § 3903b. Repealed. 1989, No. 221 (Adj. Sess.), § 21(a)(4), eff. Oct. 1, 1990.

• § 3903c. Repealed. 1989, No. 221 (Adj. Sess.), § 21(a)(5), eff. Oct. 1, 1990.

• § 3904. Distribution of proceeds

  Any money received by the Department from, or on behalf of a responsible parent, shall be distributed and credited as required by Title IV of the Social Security Act. On request of a responsible parent, the Department shall render an accounting of how payments have been credited. (Added 1977, No. 212 (Adj. Sess.), § 2; amended 1985, No. 63, § 21.)